Chittatosh Mookerjee, J. - (1.) Paikpara Raja Manindra Memorial High School is an institution recognised by the West Bengal Board of Secondary Education. At the material time, the said school had been receiving aid from the Education Department of the West Bengal Government. The appellant - petitioners 2 to 9 claimed to be Members of the Managing Committee reconstituted in the year 1960. According to the petitioners, Paikpara Raj Estate had founded the said school and the building of the school was alleged to be a trust property endowed by the said Estate.
(2.) In September, 1961 the West Bengal Board of Secondary Education had issued a circular on the subject of formation of Trust Bodies and for registration of the trust deeds. The Board advised that recognised secondary schools intending to come under trusts or to accept gifts should seek approval of the Board to such terms and conditions of the trust or gift. The petitioners have further alleged that in May, 1962 the Managing Committee of the school had forwarded to the West Bengal Board of Secondary Education the draft trust deed to be executed by the owners of the school building for approval. The West Bengal Board of Secondary Education by a letter dated 20th July, 1962 informed the Secretary of the then Managing Committee of the school that the Board had no objection to the execution of the said trust deed. Thereafter, the said trust deed was executed and registered in favour of the school and the properties mentioned in the said deed vested in trust in favour of the school. A copy of the trust deed was, forwarded to the West Bengal Board of Secondary Education only in August, 1963. The petitioners, however, had claimed that the Board did not immediately approve a special constitution for the school.
(3.) In January, 1970 a purported election for re - constitution of the Managing Committee was held according to the terms and conditions laid down in the said trust deed. We understand that persons elected did not, however, assume office and the petitioners who were elected in the year 1960 continued to administer and manage the said school.;